Advisory Opinion No. 95-75

Re: The Honorable Paul H. Archetto

A. QUESTION PRESENTED

A member of the General Assembly, simultaneously employed as a substitute teacher in the Cranston public school system, requests an advisory opinion as to whether he may participate and vote on matters pertaining to pension benefits to state employees and teachers.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that a state representative, who is simultaneously employed as a substitute teacher in the Cranston public school system, may participate and vote on matters pertaining to pension benefits to state employees and teachers. The Commission bases its conclusion on the petitioner's representations that he is not presently vested in the state retirement system and that his status as a substitute teacher is not considered state service for the purposes of the state pension system.

C. DISCUSSION

1. Facts

Paul H. Archetto, a State Representative and a substitute teacher in the Cranston Public School system, requests guidance as to whether he may participate and vote on matters pertaining to pension benefits to state employees and teachers. Mr. Archetto advises that he is not currently vested in the state retirement system, and that his service as a substitute teacher is not considered state service for the purposes of the state pension system.

2. Analysis

At issue in this advisory opinion is whether a state representative, also a substitute teacher in the public school system, may participate and vote on matters pertaining to pension benefits to state employees and teachers. Pursuant to R.I. Gen. Laws § 36-14-7(a), the Code of Ethics provides that a public official or public employee "has an interest in substantial conflict with the proper discharge of his or her duties or employment in the public interest...if he or she has reason to believe or expect that he or she will derive a direct monetary gain or loss...by reason of his or her official activity." Accordingly, the Code of Ethics further provides that if a public official or public employee, "in the discharge of his or her official duties, is or may be required to take an action, make a decision or refrain therefrom that will or can reasonably be expected to directly result in an economic benefit to said person," he or she is required to prepare a statement of conflict of interest pursuant to R.I. Gen. Laws § 36-14-6.

It is the opinion of the Rhode Island Ethics Commission that Mr. Archetto, a state representative and substitute teacher in the public school system may participate in and vote on matters related to pension benefits for state employees and teachers. The Commission bases its conclusion on the petitioner's representations that he is not presently vested in the state retirement system and that his status as a substitute teacher is not considered state service for the purposes of the state pension system.

However, we caution and advise the petitioner that in the event that any matter appears before him in his capacity as a member of the General Assembly which affects him specifically and individually as a substitute teacher or as a member of a small segment of teachers with which he is a associated, or in the event his duality of status should ever impair his independence of judgement as to his official duties or require him to disclose confidential information prohibited by R.I. Gen. Laws § 36-15-5(d), he should: (a) notify the Speaker of the House, in writing, of the nature of his interest in the matter at issue; and (b) refrain from any participation and/or voting in connection with said matter. Notice of any recusal should also be filed with the Rhode Island Ethics Commission in accordance with R.I. Gen. Laws § 36-14-6.

Keywords

Pension Benefit

Budgets

Negotiations

Class Exception